- S. 5(9) — Azad Jammu and Kashmir Interim Constitution Act(VIII of 1974), S. 42 — Shamilat Deh land — Ejectment of co-sharers (appellant), by the Order of Revenue Authorities — Appellant’s writ petition against order of Board of Revenue relating to his ejectment was dismissed — Validity — Land in possession of appellants was admittedly Shamilat Deh — Appellants being owners in estate were co-sharers — Co-sharer in “Shamilat Deh” land who was in possession of the same in excess of his fractional share cannot be ejected therefrom without partition of the same by metes and bound — No evidence was available to the effect that “Shamilat Deh” and which was in possession of appellants was reserved of for common purpose of villagers in terms of S.5(3) of Azad Jammu and Kashmir Shamilat Deh Act, 1966 — Respondent’s plea that appellants were liable to be ejected under S. 5 of AJ&K Shamilat Deh Act 1966 was thus, of no avail especially, so, when ejectment order was not made under the said provision of law — Party to a lis, however, cannot be permitted to take different stand from the one which such party had originally taken — Impugned order of High Court whereby order of ejectment was maintained was set aside and appellant’s possession was restored on land in question. Fojdar Khan & another v. Azad Govt. & 4 others.2002 SCR 31 (A,B &C) PLD 1954 Pesh.80; 1989 SCMR 130; PLD 1982 Rev. 10; PLD 1961 Dacca 259; PLD 1959 SC (Pak.)9; PLD 1985 SC 254; 1996 CLC 275 ref.
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